Licensing

TheMusicLicence allows you to legally play and perform music in your business, whether through the radio, TV, other digital devices and/or live performances. 

If you play or perform music in your business or organisation in the UK, you will usually need TheMusicLicence. It will cover you, with one licence and one invoice, for the use of virtually all commercially released music available – millions of songs and recordings, including the most popular and well-loved music not just from the UK, but also from around the world.

PPL grants copyright licences of behalf of recording artists and record companies whereas PRS for Music grants copyright licences on behalf of composers, songwriters and publishers for the public performance of their musical and lyrical works. As these works generally are featured on the recorded music in PPL’s repertoire, licences from both PPL and PRS for Music usually are required when recorded music are played in public. 

In 2018 PPL and PRS for Music set up PPL PRS Ltd https://pplprs.co.uk/to offer a joint public performance licence on behalf of both PPL and PRS for Music.

The operators of the premises are liable for payment for all classes in exercise/fitness centres. Instructors are responsible for payment for all classes they operate outside of fitness centres. 

Under the Copyright, Designs and Patents Act 1988, you need the copyright owner’s permission to play sound recordings (ie recorded music) in public. PPL grants this permission on behalf of copyright owners.

You will not be licensed to play copyright music and may be acting unlawfully. It is unfair to licensees who act lawfully and are licensed if unlicensed public performances take place.

Some of PPL’s tariffs include a surcharge for those users who are unlicensed when they use PPL’s recorded music. The use of a surcharge has been approved by the Copyright Tribunal which ruled that there should be a 50% increase in the annual licence fee for a site playing PPL’s recorded music without a licence. The Tribunal said that such a surcharge acts as a deterrent and compensates the licensor for the considerable administrative effort in detecting unauthorised performances. A 50% surcharge can be applied for copyright users who fail to obtain a licence (or renew their licence) in advance of playing PPL’s recorded music.

The vast majority of record companies trading in the UK have transferred the public performance right in their recorded music to PPL. You can check if your music is PPL repertoire by checking on PPL’s website – https://repsearch.ppluk.com/ars/faces/pages/audioSearch.jspx;jsessionid=d31aed823ac71d38c4440f34cf0f

ukactive has taken action to support its members and the sector as a whole, and to ensure operators get the best deal.

Over a four year period ukactive has negotiated to prevent excessive increases to PPL licencing in the manner we have seen in Australia. ukactive has created the best possible rate for the sector with a further discount for our members.

Only ukactive members are able to receive this unique discount. Please telephone us to find how much discount you could get by becoming a member of ukactive.

It is based on the number of classes run at a facility over a 12-month period.

The operators of the premises are liable for payment for all classes in exercise/fitness centres. Recouping costs from instructors is a matter for operators to decide.

The operator of the exercise/fitness centre is responsible for the licence for all classes within its premises and in its studios excepting only those classes taking place in a part of the premises that is managed and operated as a completely independent facility on an on-going basis or for an extended period.

The operators of the premises are liable for payment for all classes in exercise/fitness centres. and this includes classes which are operated by freelance instructors. Instructors remain responsible for all classes they operate outside of fitness centres.

Fitness centres should assess their records and existing class schedules to calculate the expected number of classes for the forthcoming year. The centre should make a reasonable assessment to reflect potential changes in schedules and occasions where studios are hired. If you need to apply for adjustments at the end of the licence you will need to provide documentary evidence that clearly verifies the revised annual total for the prior licence period. The evidence should therefore contain the relevant weekly, monthly or quarterly detail with the fullest information available to be supplied on the type of music used (ie PPL music, cover version, no music).

ukactive will do its utmost to secure refunds. However, the decision to refund will be made by PPL. Refunds are subject to an administration fee.

This means any public or private exercise or leisure centre whether operated as a business, by a Local Authority, Leisure Trust, on a voluntary basis or otherwise (including, without limitation, gymnasiums, leisure centres, health clubs, aquatic centres, recreation centres, sport centres, incidental fitness amenities and speciality centres.)

If you’re not a Fitness Centre you are not required to hold a licence for ‘Exercise to Music’ classes. Please email ppl@ukactive.org.uk so we can check this and remove you from our records. You should ensure that anyone hiring your facility for ‘Exercise to Music’ classes is correctly licensed.

A Fitness Class is a form of group exercise conducted in a class environment including, without limitation, the following types of classes: aerobics, keep fit, step, dance-exercise, group cycling/spin, strength/resistance, hybrid, boxing/combat, flexibility/stretching/abdominal (including yoga and pilates), speciality, aqua and age/lifestyle, whether or not such class is presented by a Fitness Instructor, video instruction or otherwise.

The music supplied by the official Zumba organisation via the Zumba Instructor Network (‘ZIN’) contains Zumba’s specially created music. Therefore, if you only use ZIN music in a class then a PPL Licence is not required. 

However. many instructors often play additional music from PPL’s repertoire during a class, often for warm-ups or warm-downs. There are also a number of organisations that provide music containing PPL’s repertoire for classes billed as Zumba classes, but which are not affiliated with the official Zumba organisation or its ZIN programme. Consequently, in these cases an instructor will require a PPL Licence for their class. 

You can check if your music is PPL repertoire by checking on PPL’s website – https://repsearch.ppluk.com/ars/faces/pages/audioSearch.jspx;jsessionid=d31aed823ac71d38c4440f34cf0f

Some companies do specifically create and supply recorded music that is not subject to PPL control (e.g. cover versions or ‘royalty free’ music). A PPL licence is therefore not required when that recorded music is played in public. Customers should seek confirmation from the supplier of their music in the first instance as to whether it contains PPL repertoire or not. For the avoidance of doubt as to whether a particular source or supplier contains music which is subject to PPL’s control customers may also contact PPL for further assistance.

There are a number of companies that provide music for use in exercise classes that does not incorporate any recorded music that is controlled by PPL. If operators use only this music then a PPL licence is not required.

An activity or class is considered Exercise To Music both if the music specifically directs, aids or motivates the activity or if the music is deliberately selected to accompany the activity. For example, a Pilates class where music is used to accompany and create an atmosphere for the session is considered Exercise To Music and is licensable under the PPL tariff in exactly the same way as a STEP or spinning class.

ukactive’s dedicated Membership experience team are on hand to support any members with queries, acting as an effective conduit between operators and colleagues at PPL.